y-making power to grant aliens the right to
inherit real property contrary to State Law. The nearest the Court ever
came to lending countenance to the State Rights argument in this
connection was in Frederickson _v._ Louisiana, 23 How. 445 (1860). _See_
ibid. 448.

[202] 252 U.S. 416 (1920).

[203] Ibid. 433-434.

[204] Ibid. 435.

[205] 299 U.S. 304 (1936).

[206] Ibid. 318. "The treaty-making power vested in our government
extends to all proper subjects of negotiation with foreign governments.
It can, equally with any of the former or present governments of Europe,
make treaties providing for the exercise of judicial authority in other
countries by its officers appointed to reside therein." In re Ross, 140
U.S. 453, 463 (1891).

[207] Jefferson excepted out of the treaty-making power the delegated
powers of Congress, though just what he meant by this exception is
uncertain. He may have meant that no international agreement could be
constitutionally entered into by the United States within the sphere of
such powers, or only that treaty-provisions dealing with matters which
are also subject to the legislative power of Congress must, in order to
become law of the land, receive the assent of Congress. The latter
interpretation, however, does not state a limitation on the power of
making treaties in the sense of international conventions, but rather a
necessary procedure before certain conventions are cognizable by the
courts in the enforcement of rights under them, while the former
interpretation has been contradicted in practice from the outset.

Various other limitations to the treaty-making power have been suggested
from time to time. Thus, it has been contended that the territory of a
State of the Union could not be ceded without such State's consent, _see
above_; also, that while foreign territory can be annexed to the United
States by the treaty-making power, it could not be incorporated with the
United States except with the consent of Congress; also, that while the
treaty-making power can consent to the United States being sued for
damages in an international tribunal for an alleged incorrect decision
of a court of the United States, it could not consent to an appeal being
taken from one of its courts to an international tribunal.

The first of these alleged limitations may be dismissed as resting on
the unallowable idea that the United States is not as to its powers a
territorial government, but only th